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Texts adopted
Tuesday, 2 October 2001 - Strasbourg Final edition
Pollutants from internal combustion engines to be installed in non-road mobile machinery ***I
A5-0287/2001
Text
 Resolution

Proposal for a European Parliament and Council directive amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (COM(2000) 840 - C5-0742/2000 - 2000/0336(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 18
RECITAL 10 a (new)
(10a) Member States should be allowed to introduce economic incentives in order to expedite the placing on the market of engines which satisfy the limit values as set out in the table in section 4.2.2.2 of Annex I of Directive 97/68/EC before the dates laid down in Article 9a(5) of that Directive. Such incentives must comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market.
Amendment 2
RECITAL 11
   (11) A system of averaging, banking and trading is an important element of stage II of the US regulations. Such a system means that a manufacturer can compensate emissions above the standards for one engine family by lower emissions from another as long as the average emissions of the engines sold is below the standard, banking credits from one year to another to achieve the averaging goal and buying and selling those credits to other manufacturers. The averaging and banking parts of the system, in particular, are essential when trying to align the US and Community legislation. A similar system of banking and trading is included in this Directive, to be used on a voluntary basis.
Deleted
Amendment 3
RECITAL 12
   (12) Averaging and banking has never before been used in the Community legislation in this field. Differences in the administrative systems between the Community and the USA create some uncertainties about the details of the averaging and banking systems; the Commission will review the details of the included averaging and banking systems and, where necessary, propose changes or amendments before the scheduled date of entry into force.
Deleted
Amendment 19
ARTICLE 1, POINT -1 (new)
Article 2, indent 8 (Directive 97/68/EC)
   - 1. In Article 2, indent 8 is replaced by the following:
“- placing on the market shall mean the action of making an engine available for the first time on the market, for payment or free of charge, with a view to distribution and/or use in the Community.”
Amendment 20
ARTICLE 1, POINT 1
Article 2, 6th new indent (Directive 97/68/EC)
   - small volume engine manufacturer of SI engines shall mean a manufacturer with a total production of less than 25 000 units.
   - small volume engine manufacturer of SI engines shall mean a manufacturer with a yearly production of less than 25 000 units.
Amendment 6
ARTICLE 1, POINT 2
Article 3, paragraph 4 (Directive 97/68/EC)
   (2) In Article 3, the following paragraph 4 is added:
"4. A manufacturer may, for SI engines with a power output of not more than 19 kW for stage II, on a voluntary basis, use the alternative type approval procedure described in Annex XII to this Directive.”
Deleted
Amendment 7
ARTICLE 1, POINT 3, POINT (d)
Article 4, paragraph 6 (Directive 97/68/EC)
   (d) The following paragraph 6 is added:
"6. If a manufacturer has chosen to use the voluntary type approval procedure described in Annex XII, sections 8, 9 and 10 of that Annex shall apply by way of derogation from paragraphs 1 to 2 and paragraph 4 of this Article”.
Deleted
Amendment 8
ARTICLE 1, POINT 4
Article 6, paragraph 5 (Directive 97/68/EC)
   (4) In Article 6 the following paragraph 5 is added:
"5. If a manufacturer has chosen to use the voluntary averaging and banking procedure described in Annex XII, section 10 of that Annex shall apply by way of derogation from paragraphs 3 and 4 of this Article.”
Deleted
Amendment 21
ARTICLE 1, POINT 5
Article 7, paragraphs 2 and 3 (Directive 97/68/EC)
   (5) In Article 7, the following paragraph 3 is added:
“3. Type-approvals according to Directive 88/77/EEC which are in compliance with stages A, B1, B2 or C, provided for in Article 2 and section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council(1 ), and, where applicable, the pertaining approval marks shall be accepted for Stage II provided for in Article 9(3) of this Directive.
____________
(1 ) OJ L 44, 16.2.2000, p. 1.”
   (5) In Article 7, paragraph 2 is replaced by the following:
“2. Member States shall accept type-approvals listed in Annex XIII as being in conformity with this Directive.”
Amendment 28
ARTICLE 1, POINT 8
Article 9a, point 4 (Directive 97/68/EC)
Member States shall refuse to grant type-approval for an engine type or engine family and to issue the documents as described in Annex (VI), and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed:
Member States shall refuse to grant type-approval for an engine type or engine family and to issue the documents as described in Annex (VI), and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed:
after 1 August 2004 for engine classes SN:1 and SN:2
after 1 August 2006 for engine class SN:4
after 1 August 2008 for engine classes SH1, SH 2 and SN:3
after 1 August 2010 for engine class SH:3,
after 1 August 2004 for engine classes SN:1 and SN:2
after 1 August 2006 for engine class SN:4
after 1 August 2007 for engine classes SH:1, SH:2 and SN:3
after 1 August 2008 for engine class SH:3,
if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.2.2.2 of Annex 1.
if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.2.2.2 of Annex 1.
Amendment 22
ARTICLE 1, POINT 8
Article 9a, points 5 a and 5 b (new) (Directive 97/68/EC)
5a. LABELLING OF EARLY COMPLIANCE WITH STAGE II
For engine types or engine families meeting the limit values set out in the table in section 4.2.2.2 of Annex I before the dates laid down in point 4 of this Article, Member States shall allow special labelling to show that the equipment concerned meets the required limit values before the dates laid down.
5b. ECONOMIC INCENTIVES
Member States may make provision for economic incentives only in respect of engines which comply with this Directive as amended by European Parliament and Council Directive 2001/.../EC [amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery[1 . Such incentives shall comply with the provisions of the Treaty and shall satisfy the following conditions:
   - they shall apply to all new series-production spark-ignition engines placed on the market of a Member State which comply in advance with the mandatory limit values set out in the table in section 4.2.2.2 of Annex I;
   - they shall be terminated with effect from the dates laid down in point 5 of this Article;
   - for each type of spark-ignition engine, they shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the values set out in the table in section 4.2.2.2 of Annex I.
The Commission shall be informed in sufficient time of plans to institute or change the incentives referred to in the first subparagraph, so that it can submit its observations.
________________
1. OJ L ...
Amendment 23
ARTICLE 1, POINT 9, POINT (c)
Article 10, paragraphs 3 and 4 (Directive 97/68/EC)
   3. The requirements of Article 9a(4) shall be postponed by three years for small volume engine manufacturers.
   4. The requirements of Article 9a(4) shall be replaced by the corresponding stage I requirements for a small volume engine family manufacturer for the class or classes for which the manufacturer can show a yearly production less than 5 000 units.
   3. The requirements of Article 9a(4) and (5) shall be postponed by three years for small volume engine manufacturers.
   4. The requirements of Article 9a(4) and (5) shall be replaced by the corresponding stage I requirements for a small volume engine family manufacturer for the class or classes for which the manufacturer can show a yearly production of less than 5 000 units.
Amendment 30/rev.
ARTICLE 1 PARAGRAPH 10
Article 14a (new) (Directive 97/68/EC)
Article 14a
Derogations on technical grounds
The Commission shall ascertain whether all mobile machinery in which engines of classes SH:2 and SH:3 are installed is able to comply from a technical viewpoint with Stage II by the dates set out in Article 9a (4). If the Commission finds that for technical reasons certain mobile machinery cannot meet those deadlines, it shall adopt derogations for such machinery, under the procedure laid down in Article 15. These derogations may be granted for special applications or for small volumes of specific machinery, without prejudice to the environmental aims of this Directive.
Amendment 12
ARTICLE 1, POINT 11
Annex XII (Directive 97/68/EC)
Annex XII: Procedure for voluntary averaging and banking
Deleted
Amendment 24
ARTICLE 1, POINT 11
Annex XIII (new) (Directive 97/68/EC)
ANNEX XIII: RECOGNITION OF ALTERNATIVE TYPE-APPROVALS
Amendment 25
ARTICLE 2, PARAGRAPH 1, SUBPARAGRAPH 1
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by dd/mm/yy at the latest. They shall forthwith inform the Commission thereof.
   1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its entry into force. They shall forthwith inform the Commission thereof.
Amendment 26
ARTICLE 2 a (new)
Article 2a
Not later than 18 months after the adoption of this Directive, the Commission shall submit to the European Parliament and the Council a report, and if appropriate a proposal, regarding the potential costs and benefits and feasibility of:
   (a) reducing particulate emissions from small spark ignition engines with special attention to two-stroke engines. The report shall take into account:
   - estimates of the contribution of such engines to the emission of particles, and the way in which proposed emission reduction measures could contribute towards improving air quality and reducing health effects,
   - test and measurement procedures and equipment which could be used to assess particulate emissions from small spark ignition engines at type approval,
   - work and conclusions within the Particulate Measurement Programme,
   - developments in test procedures, engine technology, exhaust purification as well as enhanced standards for fuel and engine oil, and
   - costs of reducing particulate emissions from small spark ignition engines and the cost-effectiveness of any proposed measures;
   (b) reducing emissions from those recreational vehicles, including snowmobiles and go-carts, currently not covered.
   (c) reducing exhaust gas and particulate emissions from small compression ignition engines under 18kw;
   (d) reducing exhaust gas and particulate emissions from locomotive compression ignition engines. A test cycle should be formulated in order to measure such emissions.
Amendment 29
ANNEX, POINT 1, POINT (b)
Annex I, Section 1A, point (c) (Directive 97/68/EC)
   (c) a petrol fuelled S.I. engine having a net power in accordance with section 2.4 of not more than 19 kw.
   (c) a petrol fuelled S.I. engine having a net power in accordance with section 2.4 of not more than 19 kw.
Machinery, the engines of which are covered under this definition, includes but is not limited to:
Machinery, the engines of which are covered under this definition, includes but is not limited to:
   - lawn mowers.
   - chain saws,
   - generators,
   - water pumps
   - bush cutters.
   - lawn mowers.
   - generators,
   - water pumps
   - bush cutters.
The Directive is not applicable for the following applications:
The Directive is not applicable for the following applications:
   B. ships;
   C. railway locomotives;
   D. aircraft;
   E. recreational vehicles;
   F. generating sets with C.I. engines for stage I and II until 31 December 2006.
   B. ships;
   C. railway locomotives;
   D. aircraft;
   E. recreational vehicles;
   F. generating sets with C.I. engines for stage I and II until 31 December 2006;
   Fa. professional use chainsaws: handheld devices designed to cut wood with a saw chain, designed to be supported with two hands and having an engine capacity in excess of 45cm3 ;
   Fb. tree service chainsaws: handheld devices designed to cut wood with a saw chain, with an engine capacity not in excess of 40cm3 , a handle on the top of the machine and intended for one-handed operation;
   Fc. professional use brushcutters: handheld devices with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. They must be designed to operate multipositionally, such as horizontally or upside down, and have an engine capacity in excess of 40cm3 ;
   Fd. hedgetrimmers: handheld devices designed for trimming hedges and bushes by means of one or more reciprocating cutter blades;
   Fe. professional use power cutters: handheld devices intended for cutting hard materials such as stone, asphalt, concrete or steel by means of a rotating blade and having an engine capacity in excess of 80cm3 ;
   Ff. augers: hand-guided devices intended for boring holes in ice or the ground by means of a rotating, helical, cutting screw, and designed to operate multipositionally, e.g. between vertically and horizontally;
   Fg. portable drills: handheld devices intended for drilling holes by means of a rotating bit and designed to operate multipositionally, such as upside down or on its side.
Amendment 15
ANNEX, POINT 1, POINT (d), INDENT 3
Annex I, Section 3.2.3 (Directive 97/68/EC)
   3.2.3 the averaging scheme approval number if the engine is included in an emission averaging system as provided for in Annex XII.
Deleted
Amendment 17
ANNEX, POINT 9
Annex XII (Directive 97/68/EC)
   9. A new Annex XII is added as follows:
Deleted
(Annex XII is consequently deleted)
Amendment 27
ANNEX, POINT 9a (new)
Annex XIII (new) (Directive 97/68/EC)
9a. A new Annex XIII is added as follows:
"Annex XIII
RECOGNITION OF ALTERNATIVE TYPE-APPROVALS
   1. The following type-approvals are recognised to be equivalent to an approval according to this Directive for engines of categories A, B and C as defined in Article 9(2):
   1.1. Certificates of type-approvals according to Directive 2000/25/EC
   1.2. Certificates of type-approvals according to Directive 88/77/EEC , complying with the requirements of stage A or B regarding Article 2 and Annex I, section 6.2.1 of Directive 88/77/EEC as amended by Directive 91/542/EEC , or UN-ECE Regulation 49.02 series of amendments corrigenda I/2.
   1.3. Certificates of type-approvals according to UN-ECE Regulation No 96.
   2. For engines of categories D, E, F and G (stage II) as defined in Article 9(3), the following type-approvals are recognised to be equivalent to an approval according to this Directive:
   2.1. Stage II approvals according to Directive 2000/25/EC
   2.2. Certificates of type-approvals according to Directive 88/77/EEC as amended by Directive 1999/96/EC complying with stages A, B1, B2 or C regarding Article 2 and Annex I, section 6.2.1 of Directive 88/77/EEC .
   2.3. UN-ECE Regulation 49.03 series of amendments.
   2.4. Stage B approvals according to UN-ECE Regulation 96, in accordance with paragraph 5.2.1 of the 01 series of amendments of Regulation 96.”

(1) OJ C 180 E, 26.6.2001, p. 31.


European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (COM(2000) 840 - C5-0742/2000 - 2000/0336(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000)840 )(1) ,

-  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0742/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0287/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 180 E, 26.6.2001, p. 31.

Last updated: 15 May 2004Legal notice